Tag Archives: land

Last week, we welcomed delegates and speakers to the 2018 Scottish Planning and Environmental Law (SPEL) conference in Edinburgh, sponsored by Terra Firma Chambers.

Delegates and speakers came from organisations across Scotland to discuss and debate the current state and future opportunities for planning and environmental law in Scotland.

Should we just scrap planning altogether?

The conference was kicked off in typically thought provoking style by Greg Lloyd, Professor Emeritus at Ulster University, and visiting professor at Wageningen University in the Netherlands. Professor Lloyd delivered this year’s keynote and took the opportunity to challenge delegates and other speakers to consider what might happen if the current planning system were to be abolished altogether, to clear the way for a new and more fit-for-purpose planning system.

The creation of a new way of planning has, Professor Lloyd argued, the potential to better align community needs and other areas of policy like land and taxation, as well as creating opportunities for a more functional system, not as bogged down in process, where communities can come together to help make decisions about planning in their local area.

This “utopian vision of the future of planning” could potentially allow planning to ‘catch up’ with other services given that currently it is a 1950s model which has been shaped and adapted to allow us to “get by” rather than being reformed to suit new and changing planning needs. This new way, he argued, could be achieved if we are bold enough to take the leap away from the constraints and barriers presented by the “old” system.

Community empowerment and community right to buy: what are the implications for planning law?

Mark Lazarowicz and Pippa Robertson from Terra Firma Chambers and Aurora Planning respectively, navigated delegates through the complex waters of community right-to-buy, with Mark setting the scene and outlining some of the key elements to legislation and policy which have helped to shape community empowerment, including discussions around “relevant authorities”; “subjects of transfer”; and the “activation and implementation of community right-to-buy”. Pippa followed this with a discussion around community empowerment in relation to right-to-buy, and how this can be used to bring land back into active use.

The Planning Bill and funding infrastructure

Archie Rintoul, former chief valuer in Scotland, gave what many found to be a frank and insightful discussion of the issues around infrastructure development. Continuing on a similar theme after lunch, Russell Henderson from RPS explored the role of transport policy, and in particular sustainable transport. In both sessions there was further discussion of the importance of facilitating and accommodating new infrastructure, while recognising the growing responsibility to be aware of environmental factors, in part through the development of sustainable development measures for transport.

Following Russell, Laura Tainsh from Davidson Chalmers outlined the basis for, and the potential implications of, the Landfill Tax Ban, including an exploration of what the Bill may mean for those who work within the waste sector, and the potentially significant environmental impacts that the landfill ban may have when it is introduced in 2021.

The conference also included timely discussion of the progress of the Planning Bill and case law updates from Terra Firma, informing delegates of the latest developments in recent key cases.

Planning’s role in promoting inclusive economic growth

The conference was closed by RSA Scotland’s Lesley Martin who discussed how planning can help to promote inclusive economic growth. She questioned how the implementation and translation of the planning bill into practice will impact on inclusive growth in towns and cities.

Economic growth within places, she argued, can be driven through effective planning, and inclusive planning processes can in turn help to create inclusive economic growth. The planning bill is, she suggested, a symbol and an opportunity to provide an ambitious statement of the potential of wiser policy approaches. Planning is not merely about controlling or enabling development – it is an example of how the way we think and behave more generally impacts on inclusive growth in our towns and cities.

Summing up

This year’s SPEL conference sought to explore some of the wider implications of the Planning Bill for Scottish planning and the environment. By covering a range of topics the conference sought to highlight some of the key challenges and implications that the Bill may pose to the profession and to practice. The speakers were brought together to provide a range of perspectives and to help frame these issues for delegates and raise points for discussion and debate – and there was certainly plenty of that!

We would like to thank our speakers, those who attended and our sponsors, and hope to see you all next year!

We publish Scottish Planning and Environmental Law Journal every two months. More information on the journal and how to subscribe is available here.

We also blog regularly on planning and environmental issues … why not read one of our other recent articles:

In April, the Labour Party launched its strategy for tackling the housing crisis in England. Housing for the Many presents a 50-point plan, with proposals that include:

investing £4bn a year to build one million ‘genuinely’ affordable homes over 10 years

lifting of council borrowing caps

removing the ‘viability loophole’, making it impossible for developers to dodge their affordable housing obligations

zero tolerance of developments without any affordable housing provision

a stricter definition of affordable housing

scrapping the ‘bedroom tax’

suspension of ‘right to buy’

cut-price government loans for housing associations

protected housing benefit for under 21s

consideration of mandatory space requirements

a new generation of garden cities and new towns

Following its publication, analysts in the housing and property sectors gave their thoughts on the strategy.

More affordable homes

The most ambitious proposal is the plan to build 100,000 homes each year.

For Emily Williams, associate director at Savills, this proposal was the most eyecatching:

“The emphasis on investing to deliver more homes to solve the housing crisis, rather than relying on housing benefit to support people who can’t access market housing, is something we have been talking about for a long time.”

However, Savills estimates that the £4bn figure is insufficient for Labour to hit its one million homes target, suggesting that a further £3bn would be needed.

“After Labour’s last 13 years in power from 1997 to 2010, their out-going Chief Secretary to the Treasury famously left a note for his successor: “Sorry, there’s no money”. There is still no magic money tree, and no indication here how these homes are to be funded.”

Developers

Labour’s policy of no development without affordable housing has raised concerns in the property industry. Justin Gaze, head of residential development at Knight Frank told Property Week that the proposals risked deterring developers from undertaking new projects:

“There will be instances where affordable housing cannot be provided, for example on conversions of some buildings where it’s difficult to deliver both open-market and affordable housing side by side.”

The land market

One of the less reported proposals caught the eye of Luke Murphy, IPPR’s associate director for the environment, housing and infrastructure. Writing in CityMetric, Murphy highlighted the proposal to create an English Sovereign Land Trust that would allow local authorities to buy land at cheaper prices to build affordable homes.

“It is here, through intervention in the land market, that the state could have the biggest impact – not to just build more affordable homes, but to make all new homes built more affordable.”

But he argued there was still room for improvement:

“… on land reform, there is scope to be bolder and go further to ensure that affordable housing really is available ‘for the many’, rather than the preserve of the few.

“This makes sense as a measure of affordability, however, this will likely lead to a trade-off between affordability and the numbers of affordable homes delivered, unless capital grants are available at the outset, geared to the income segment to be accommodated.”

RICS also welcomed the plan to lift council housing borrowing caps.

“This is certainly something RICS has been calling for, however appropriate measures must be taken to ensure that local authorities do not expose themselves to too much risk.”

“Of course, abolishing the bedroom tax will help, but tenants’ ability to pay their rent if they are on low incomes is now under assault from the whole range of welfare reforms, of which bedroom tax is only one.”

Final thoughts

The housing crisis has been decades in the making, and there is no quick fix for tackling the problems of housing shortages, affordability and homelessness. Just last month, research by Heriot-Watt University found the chronic shortage of housing in the UK was greater than first thought, amounting to four million homes. To meet the backlog, the researchers estimated that the country needs to build 340,000 homes a year until 2031. This is significantly higher than the targets set both by the Conservative government and the Labour Party.

The new green paper from Labour has presented clear alternatives to the government’s housing policies, and later this year the government is set to publish its own green paper on social housing. The debate will continue, and housing will remain high on the political agenda.

The Knowledge Exchange keeps a close watch on developments in housing. Some of our recent blog posts on the issue include:

From Roman roads, to Victorian ‘cathedrals of steam’, transport has played a pivotal role in the development of societies and economies throughout history.

Today, rising energy prices, road congestion, and climate change, as well as reduced household sizes and an increased demand for urban living have put the potential benefits of urban transport hubs back in the spotlight.

Transit-orientated development

Transit-orientated development (TOD) is one response. An American-concept, it involves the creation of high-density mixed-use developments around a transit station or stop, such as a railway station, usually within a half-mile radius (a 10-minute walk approximately). It may include office space, retail, leisure facilities and housing, as well as public areas and green space, and a variety of public transport options.

In Europe, TOD has yet to ‘catch on’. However, it shares many similar principles with the increasingly popular concept of developing railway stations as destinations in their own right – for shopping, working and socialising. Railways often form an important part of a town or city centre, and the combination of transport node and central location has the potential to attract people in great numbers.

The redevelopment of London King’s Cross station and the surrounding industrial wasteland made it one of the first ‘destination stations’ in the UK. Around the station, new homes, shops, offices, galleries, bars, restaurants, a hotel, schools and a university were created, along with 20 new streets, 10 new public parks and squares, and 26 acres of open space. In fact, the redevelopment was on such a scale that the area now has its own postcode – N1C.

As well as environmental benefits such as reduced air pollution and traffic congestion, mixed-use developments in and around railway stations can help meet housing demand, and spur the economic and social regeneration of their surrounding communities. Particular benefits can include:

Increased demand for food, retail and leisure facilities from greater numbers of commuters, residents and workers

Helping high streets to compete with online retailers and out of town developments

Contributing to public health goals through increased walkability of areas

Making good use of previously inaccessible/waste land

Government support

There is strong government support for delivering improvements around railway stations.

The recent Housing white paper recognises the regenerative potential of railway stations, viewing them as key anchors for the next generation of urban housing developments.

Two new sources of funding for railway station developments have also recently been announced: the second round of the New Stations Fund – a £20 million pot to build new stations or reopen previously closed stations; and the Station Regeneration programme – which aims to develop railway stations and surrounding land, while delivering up to 10,000 new homes.

Alongside this, there are also plans to release large amounts of unused railway land for housing – enough to build 12,000 houses across 200 sites.

At the opposite end of the spectrum, there are also a number of successful smaller scale regeneration projects involving railways.

Addressing the challenges

The development of railway sites can pose a number of challenges, including contaminated land, fragmented land ownership and reconciling short-term economic development goals with the longer time scales necessary in larger infrastructure projects.

However, according to James Harris, a policy officer at the Royal Town Planning Institute, planners are ‘uniquely’ placed to work with landowners, infrastructure providers, developers and the local community to help deliver a strategic vision for these locations.

Planners should also be flexible and creative in their approach towards station redevelopments, focusing on outcomes rather than processes, says David Crook, assistant director of station regeneration at the Department for Business, Energy and Industrial Strategy’s Cities and Local Growth Unit. In doing so, he says, planners can help make a station regeneration project ‘more than the sum of its parts’.

2015 was the year London’s population reached 8.6 million, a peak figure last reached in 1939. The capital’s population is set to rise by a further 1.6 million over the next 20 years, and by 2050 may have reached 11 million, more than the current combined populations of Scotland, Wales and Northern Ireland.

The rising numbers will add exacerbate the shortage of housing in the capital, which the head of the London Housing Commission has described as “one of the biggest public policy failures of the last 50 years.”

A showcase for new ideasA major exhibition highlighting new thinking on solving London’s housing crisis is currently taking place. Organised by New London Architects (NLA), “New Ideas for Housing” highlights more than 100 ways in which London’s shortage of housing might be addressed.

Ten of the 100 shortlisted ideas were selected as winning entries from a competition that attracted ideas from architects, contractors, manufacturers, economists and house builders.

Among the winners were:

The Urban Darning Project
Employing the sewing technique for repairing holes or worn areas in fabric, the project aims to encourage small residential developments in central London to ‘fill-in the gaps’ of the urban fabric.

Supurbia
This idea has twofold approach: redeveloping local main streets and parades as mixed-use places with increased housing and amenity provision; and allowing owner-occupiers of semi-detached homes to develop their land, creating rich diversities of housing.

Investing in London’s Future by Learning from its PastDrawing on London’s former leasehold system, this idea suggests that separating the cost of housing as a physical product from land costs would make it more affordable to build and buy houses.

MegaPlan for a MegaCity
The originators of this idea suggest that in order to meet the shortfall in housing by 2050, less than 4% of ‘edge land’ (the inner belt running from the inner London Green Belt to the M25) would need to be released from the Green Belt.

Wood BlocksThis idea proposes scaling up the growing appetite for self-build homes. A structural, weatherproof, thermally- and acoustically-insulated shell would be built by a developer / housebuilder, which could then be partitioned and fitted-out by new owners, delivering faster and cheaper housing.

The ideas are described in greater detail in a publication accompanying the exhibition. The NLA Insight Study also examines the current state of play in London’s housing supply, addressing the barriers around planning, land, funding, construction, procurement and design.